Five Nuu-chah-nulth Nations are back in the B.C. Supreme Court today to have their Aboriginal Rights to fish and sell fish from the their territories on the west coast of Vancouver Island implemented by the Federal government. Over five years of frustrating discussions and countless meetings with Fisheries and Oceans Canada (DFO) have forced the five Nations to return to Court.

The path back to Court was provided in the 2009 trial decision that found that five Nuu-chah-nulth Nations (Ahousaht, Ehattesaht/Chinehkint, Hesquiaht, Mowachaht/Muchalaht, and Tla-o-qui-aht) have Aboriginal Rights to fish and sell fish. The fishing rights were confirmed by two Court of Appeal decisions and a final confirmation by the Supreme Court of Canada. The 2009 trial decision and appeal provided the five Nations and Canada 2½ years to negotiate a “new fisheries regime” based on the Aboriginal rights of the five Nations. Over five years after the 2009 decision, it is clear to the five Nations that Canada has no interest in resolving these matters through the Court prescribed consultation and negotiation process.

“The Nations have developed sustainable fishing plans to implement our rights,” said Francis Frank, Chief Councilor and lead negotiator for the Tla-o-qui-aht First Nation. “Our fishing plans are based on the conservation needs of the resource, and accommodate access for on-going commercial and recreational fishing in our territories. Yet instead of negotiating an agreement that would put our fishers to work fishing in our territories according to our Aboriginal rights, the Federal Fisheries Minister would rather waste Canadian taxpayer’s money with another lengthy Court proceeding.”

“DFO has been completely unresponsive to what we have been discussing the last five years” said Kiista, Hereditary Chief and lead negotiator for Ahousaht. “DFO’s long-term ‘offer’ on only two species is an insult to our Nations and the original Court decision.” On December 23, 2014, DFO provided a limited offer to the five Nations, but for minimal allocations based on regular commercial licences for Chinook and herring. “The DFO ‘offer’ appears to be motivated by the impending return to Court, rather than any real attempt to negotiate an agreement,” added Kiista.

“Nuu-chah-nulth Nations are seeking reasonable opportunities to restore their fishing culture and foster economic independence in their communities,” said Debra Foxcroft, OBC, President, Nuu-chah-nulth Tribal Council. “Rather than support the interests of Nuu-chah-nulth fishers to make a modest living from the sea resources, the Conservative government would rather go to Court to keep Nuu-chah-nulth out of the coastal economy.”

In the “Justification Trial” that begins today, Canada has to prove that DFO’s past and on-going infringements of Nuu-chah-nulth fishing rights can be justified through Canada’s legislation or balancing societal interests.

“We say that Canada’s societal interests are best served by having our fishers working and earning a living from the sea resources where we live,” said Chief Frank. “We don’t understand why the Federal government opposes this.”

NUU-CHAH-NULTH ABORIGINAL FISHING RIGHTS COURT CASE (Updated: March 9, 2015)Fast FactsFive Nuu-chah-nulth Nations are going back to the B.C. Supreme Court to carry on their fight with the federal government to recognize and implement their Aboriginal fishing rights.These fishing rights have been upheld by the Supreme Court of Canada and are protected by Canada’s constitution.In the new trial Canada will attempt to justify its past and on-going infringements of Nuu-chah-nulth Aboriginal fishing rights.In 2009, five Nuu-chah-nulth Nations established a legal right to fish and sell fish through a court case known as Ahousaht et al vs. Canada.Canada has failed over the past five years to negotiate a new fishing regime that recognizes the Aboriginal rights of five Nuu-chah-nulth Nations to fish and sell fish from their territories.Historically, Nuu-chah-nulth are a fishing people, dependent on their sea resources for food and their economies.Recommendations the Nations are striving to achieve:Furnishing DFO with a mandate to negotiate fisheries that accommodate Nuu-chah-nulth Fishing Rights. Nuu-chah-nulth Nations are willing to negotiate a fair settlement that minimizes impacts on other harvesters.Negotiating a settlement based on the fishing plans as presented by the Nations, as the original Court decision decided and subsequent appeals upheld.Allowing the Nuu-chah-nulth fisheries to test-drive elements of rights-based fisheries while the final legal issues are decided by the courts. This includes permitting elements of the fisheries which are outside of existing commercial licensing.